SHIVAJIRAM Vs. STATE OF MADHYA PRADESH & OTHERS

JUDGEMENT

(1.) The appellants have filed this appeal under Section 54 of the Land Acquisition Act, 1894 against the award dated 01.10.2003 passed by the 7th Additional District Judge, Indore passed in the Reference Case No.107/2001.

(2.) That the notification under Section 4(1) of the Land Acquisition Act was published in the gazette notification dated 011989 for acquiring the land of Village Budhi Barlai for the purpose of widening of Indore-Dewas National Highway No.3. Thereafter, notification under Section 6 of the Land Acquisition Act was published in the gazette notification dated 09.01990 by which the land of the petitioner as described above had been acquired. On the basis of material available at the relevant time, the Land Acquisition Officer passed the award dated 30.10.1991 in Land Acquisition Case No.31-A-82/89-90 by assessing the amount of compensation of Rs.25,864/- @ Rs.53,000/- per hectare.

(3.) Being dissatisfied with the less amount of compensation, the appellant sought a reference under Section 18 of the Land Acquisition Act. The said reference was send to the District Judge, Indore. The claimant sought enhancement of compensation @ 6,17,500.00 per Hect. before the reference Court on the ground that market value of the land at the relevant time was Rs.5.00 lac per hectare. The appellant not only claimed the compensation @ Rs.5,00,000/- per hectare but also claimed for loss of crops, well, house , trees etc.. The appellants had placed reliance over four sale deeds Exb.P-1 to Exb.P-4. The appellant filed the certified copies of all the sale deeds hence the ld. court took cognizance .The learned Additional District Judge has discarded all the 4 sale deeds as all the sale deeds were of the period prior or after the date of notification under sec 4. The ld. Reference Court has assessed the market value of the land @ 1,14,000/-per Hect. The appellant have also been granted the interest under section 23/1-A on enhanced amount @12% from the date of notification under sec 4 till award passed by the LAO or dated of taking possession.. The appellant have also been granted solesioum @ 30% under section 23(2) and further interest under section 28, @ 9% from the date of taking possession till date of payment.